Previous employer not replying regarding the relieving of my documents
Ahmed
(Querist) 23 May 2013
This query is : Resolved
Hello Sir,
I want to discuss with you that I was working in a company in Daryaganj, New Delhi. I worked there more than 5 years and recently resigned as I got an opportunity from other company.
I was appointed in the company on 26 July 2007 and in my appointment letter it was written that at the time of leaving the company, you need to serve one month notice period or pay one month salary.
Now, I mailed the resignation on 3 April 2013 stating that I can serve only 10 days notice period. And before sending the resignation mail I discussed this with my project manager personally. My project manager then replied to the email that “The management has not decided about that and in your appointment letter the notice period mentioned in one month”.
After that all the conversation took place verbally (unfortunately) and he keep on saying that you have to server one month notice period because of the on-going project. I said that I will complete the project at home. He replied that I can’t say anything right now I’ll tell you later. And on 15th April 2013 I joined the new company. On 16th April, I again called and asked him about the process he talked very rudely and said talk to the HR.
I emailed HR about the process of relieving keeping the project manager in CC, on which he replied that you leaved the company without the consent of the management and we have suffered a lot with the client with respect to the project and there will not be any release of your document. I again said that I am still ready to complete the project. He replied that “The project is salvaged, no need of your generosity and do not drop me any mail regarding this”. I then said that I am ready to pay my remaining salary (15 days, as I worked 15 days there). Till then I am waiting for their reply and none of them (the project manager, HR, and CEO) are not replying.
I have agreed to complete the project and to pay my salary and they don’t want any of this. What should I do now. Its been 1 month now. I yesterday again sent an email to HR, asking about if there is any possibility of getting my document. No reply from their side.
Please help
ajay sethi
(Expert) 24 May 2013
under terms of your appointment letter you were required to give one month notice or pay one month salary .
admittedly you have failed to serve one month notice .you have offered to pay them salary for the said period but company has declined your offer .
issue legal notice to company . contact a local lawyer
Ahmed
(Querist) 24 May 2013
Thanks for your reply sir.
I have asked them to complete the project at home due to which they want one month notice period. However, they decline that also and they did not replied on the payment of salary.
Is it ok to issue a legal notice to company?
ajay sethi
(Expert) 24 May 2013
how much is salary amount ? if you adjust shortfall in notice period how much would be balance payable . if amount involved is substantial then only proceed legally . other wise forget it
i advised legal notice since you stated management has clearly told you not to contact them again .
Ahmed
(Querist) 24 May 2013
The salary must be 12-15 K for half month. I just want all my documents relieving, gratuity, and PF.
For that i am ready to pay the salary.
ajay sethi
(Expert) 24 May 2013
contact a local lawyer
Ahmed
(Querist) 24 May 2013
Thanks a lot sir. :)
ajay sethi
(Expert) 24 May 2013
thanks for your appreciation
